Protection to life and liberty -- Petitioners are adults and living together out of their own free will and their marriage was solemnized - Since petitioners are adult they are at liberty to live together and no person shall be permitted to interfere in their peaceful living - If any disturbance is caused in peaceful living of petitioners, they shall approach..........
Constitution of India, 1950, Article 32 -- Transfer of FIRs - All FIRs except two FIRs are transferred to IFSO unit of Delhi Police - In FIRs transferred to Delhi Police, petitioner was co-accused - There cannot be two investigating agency with respect to same FIRs/Complaints arising out of same incident with respect to different co-accused - On the ground of parity, FIRs..........
Criminal Procedure Code, 1973, Section 155(2), 2(d) -- Non-cognizable offence - Cognizance of offence - Where no FIR is lodged and only non-cognizable report is registered and Magistrate passed order u/s 155(2) Cr.P.C, investigation is conducted and charge sheet is submitted in respect of non-cognizable offence, then explanation to S.2(d) Cr.P.C does not attract -..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for permanent injunction - Applicants had purchased the suit land through registered sale deed - They are thus, necessary parties to be impleaded in the proceedings for proper adjudication of case - Application for impleadment of applicants rightly allowed...........
Criminal Procedure Code, 1973, Section 154, 482 -- Two FIR's - Quashing of second FIR - Both the FIRs are filed by same person against same accused in respect of same set of facts and allegations - Second FIR registered nearly four years after registration of first FIR - Challenge to the first FIR pending before High Court - Registration of multiple FIRs is nothing but..........
Agreement to sell -- Specific performance - Plea of fraud - Defendant stated that he took a loan from plaintiff which he had returned to plaintiff's agent and asked him to return the papers, which the latter said were misplaced and did not return - However, once agent of plaintiff made him execute a registered agreement which defendant believed to be a document to secure..........
General Clauses Act, 1897, Section 27, Evidence Act, 1872, Section 114(f) -- Notice sent by registered post to correct address - Same when received back with postal endorsement with regard to non service of any reason, except incorrect address shall be treated sufficient service of notice...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Person is entitled to approach Sessions Court or High Court or even Apex Court, as the case may be praying for grant of appropriate protection from arrest inspite of there being no FIR registered against such person...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ex parte temporary injunction - Notice received after passing of the date of hearing has no legal sanctity - Moreover, purported receipt of registered envelope by defendant cannot be treated to be a proper service in the eye of law - Service thus, was not properly effected and date of hearing also abruptly changed by..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Partition suit - Un-registered prior partition deed is not required for effective adjudication of controversy between parties, as same cannot be admitted in evidence - Even, averments made in affidavit filed in support of application does not satisfy ingredients enumerated under..........
